Show 1 I 1 S Si i 1 L DUEL OF FORTY YEARS AGO 1 t d by the Dath of 0 th the Surviving Witness Shot by Judge Who Turn Cum Caine t Later t t t L it at ODe time IC ICtor n dl tor of O th the AlIA eDd d the lall Cit ot of th the dut Unite David C Ick int Julge JuIge Dale N K Terry dud 1 lut lait sayi aYI till the Loi 1011 nele Cal r ot of th Inter ThIs Thill with the Met fact thai hut OI R i wealthy wealth 1101 goki 1 In anti i r loss IoN 4 friend of tie hI lived In Jr York city I i b be 1111 hundred ol 0 the of f a I to mark the PV Jl hrc roil rII I hat ha rall 1 n no I Id i 1 In 1 tila ilia In tilt d ramal I luI o i 1 fought on 1111 till loo dIll I Of if all that hots hilI t WI or II 00 TI In thie tate ne In awl I I ri I rt It iO I Ith It 11 Ih I h roil lorry llIn In InI I 1 n Inter 11 Ul out a ai I i 1 dozen duzen N ur III San lIall J I j t to I up Ih the tit fIt I k io II sunol sunolL L td cot The result lilt u f Ito Ih du dui tIN frit In II anit coo I ty fr fra 4 a Th t f ii ii anti ullI antiI I J mm Ilk tor k lit at litt atthe the ut ot II n I Iwas t was e the ri Ir In rousing th Ih 4 4 t e or nr tt th out If 0 nn 11 mh kulu I 4 oj tI l nui in ITo Ih rill war warI I o month I L rile duel took piset on I 12 t L J U Ht at ft ranch owned by WillIAm i I r gin and known I as the Laruna III San two mIle II j from the bay chore horl SenAtor wall II a young man Inan t I R a throng debater R II Io Popular ular OratOr 0 I Io ha hae er been Pu IU I b by theIr tn followers II 0 lie waa the head hand anti front of the Stophen A Dour Dourt t lOll ma D Democrat in III alifornIa III w wI wai r the lIOn aon ot of An atone cutter and I Willi va barn In In 1 20 i I worked upon tIme the lOa marble l i I In fl tho Iho UnIted Senate chambre ham b bI I f cIoe to whore when the toon alit f I nl ng the or of th Ih l I Willi waa a wail known orator an I politician In New York oIly hp he I WIlS thirty In the tho days cof If time the t I lIre firt department S 8 Terry Will waa a 0 former lit 1 the lup mC mCcourt tI court ot of all alifornia torn la A la tail II proud man from 10 lb was AI scholar I 1 5 Iy y and ia HI hll hoot been the leader ot 4 the ot of until young Broderick The Demo 1 In III tho new who had come cometo comeT T to California from northern StatH flocked about and ond the Demo Democrat DemoT T crat ciata from th the south were In Judge r Terryll wing ot of the part Senator voted at Washing Washington ton Ion In against III the or of canens all am a Halo the ton on and h he took In thoU it II stand lIh tilt antislavery 1 elnO TIm Th TImo o of f time the unit Terry fa become became deeper In Jill July 1859 f I i Judge Terry In III a 1 state 1 I 1 i at 11 In the thu Senate and andt 1 t j JI m In a public an arch rh 1 i traItor Who led u a hanoi of If I I r r who took the tha I 1 name ot of to their shame r Th was reported ported In the ae ac aei i UnIon Senator read readI I It us liS lie ho at lit at at th the Inter t l national hotel In Sun San I a few I mornIng 8 later lie He turned 11 and eahl to D I W a well known 1 lawyer ant and friend of TOty Te ry I 1 I Pee eo that your four frIend Terry lla hs been 4 mn m again lie made II a con cont on t t Rt at about l me and tn In I now take back 0 I r J the renmark I once onre moll made that h he Will wap 1 I the only onh honest JUdge on the supreme bench hench I wall his friend when he was a aI r I In need 0 of for tor which I Rill sor or orf 1 I i J I timid Ihl ills lIs f f loosed ot of him as al thy they did ot of others th thI they J I would hoe have tone done a 11 rIghteous act referred lI to the arrest t of at Judge Jude Terry In the Bummer ot of 1566 1556 by bythe bythe the l Francisco co vigilant on the Ihl r 1 charge of stabbing a policeman in III It a attempt to 10 f free a murderer i u Malone In hi hIs effort to te es cap banishment California Judge I ferry brought and amid In 10 r to bear on oil the court of the Igi I lance committe i p I I I lr Porle s nIcks ericks about Judge Terry J I Jj i Inform the of o th the language I J you ou have 1110 used about saId ald Perley IiO j 4 ho 10 so 1 I wish Ih j 1 you would do ao 10 I am responsible for forIt forI I It I 1 I want rant to 11 MY that you ou would not lIot notI lIotI I I 1 dare to speak thus thu to Judge Terry Terrys I fAce said Perl 1 At which laughed and saId ald Ironically WoUld not tiare Ia would not nol notI I dare The Thc breakfast was wall fInished In Ill silence J I and It WAil sas over hIl HIO 4 I In III the lobby of the hotel and him to a dul In 1 I behalf ut of hi hits frIend Judge Terry curtly away Aay w the remark romark Sir J I would have havo you ou kno that J I light with n man n of m my own I llO It 1011 time fhe duel wits wile lIot ilot until the ci Jud Judge e Terms ore a a nent Sun Sail lawyer S n if i Brooks controller or of California II fluId lid hayes state Uro liro 1 I frIends wore were Jo Joeph J eph e C Daniel C Colton 1 and a fanner II acer crp I 1 tar tory of tate state of CalIfornia It 11 was U ar arS S ranged that Terry and I I should meet a at a group or of lIve oak t trees lve o on the thi boundary Ile between fail Saum Ills and San Mateo counties I t 1 Some friends of Senator tearing fearIng the result ot of the dui dud f r JUdge Terry was 1 an 1111 pu tol to IX It In In Ini l i formed the chief or of polke or of San Fran Franj 1 j t abut about the Ihl duel 11 A or of 10 moo F i J cemen upon the scene of the preparation and a arrested te Tet Terry f and iI I I A nd or the meeting I ss t r I fixed meadow eado upon the foot LI hll hIlls on the I un ranch anh twelve ml I E I from San an here the Ibe V two tO met Int on oil 1 I 1859 Terry rry 1 nn and fal faced each at 64 I o ci The D C Calhoun stepped oUt o from a group ot of l and called a I slowly out J Gentlemen make read ready Are Ar you J 1 ready 0 1 1 Terry answered at once heady b switched Ih the skIrts or hi hit Ct coat I away a from hll hf knees un then Ihen k said 11 I ann am ready ad I t 4 TImer Ther waa 18 au Intense for a afew aIt It onI onITh on ona few seconds Mr Ir olton said 14 Fr FronI Ire Ireon a Th The words word hal hll tl the t umpire II liis when 1 I was U and a en I 10 m I 0 It rya Ca f A hi hIt r luet about nl f from rom him hep bullet hA had n Th n I In perfect Il T r 1 bt but the I r rC C fn Ito hal ball hl had 0 pr A to too T this In It Ie I 1 I a 1111 l whether tiit 11 a tn I Ct as to In r It ItI i I I tt tie cat to I J WIb lh the firing of nf To T rr rr I a Pl 4 rae face twitch I an ani t 1 tp I I p bait 10 I InC InCI I II I I hr hI he what had IN n nfL fL while h li rh rl mt 11 heel a an II 1 at hi sia 1 P bC he I bim liv a I 0 I I C OI e ln ho had haj not oer ed timi 1 t m I had haa utere uttered tIm tb word two 10 U as UI asa I a I far tor phot when some ome omeO O Os JM till by Iid too 10 him Ito stop oP At thit I lok bk w was backward and It WI ll that hI he Wu al hI hl his strength to keep hll hi feet x OO Qed hiss ha hit hard exclaImed Mr chokIng wih with tears Uro erich ric fell U fat list on bl his Irk hick on the ground betor him Terry lone stood ld like u ii In his blanc awaiting further rd nl from hl hi umpire AJl eyes wr were turned towards hi J I think hes seriously InJure Injured sail 1 Mr hays wIna up tf to Torry rry No I think I struck him I two wo too butt for tor it mortal the cuI hlo In and surgeon urn around lying ul on the Judt Judge Terry 1101 attIn wih with hil hi seconds Ime Imen some In n 0 am I to him un and that rodrik ik w us lit hI I I tog tu to delha Iii Ia a ru rn an any further order rr rn m mr Mr r ollor l kd Nun Nine 11 tl the reply With that the judg Jud slowly hi 11 II Iii to 31 II and nt slowly Ite amid r 11 hia collar and and hI hIr seay r Then hounds with f IrAI who em came to him I In I a Ir ear and amI drove hut back to 10 an l M who hn was f later ot o ulI Ui III to that hI he WP wn belted In tUn to 10 the scene f of Iw tim ru duel I and that Ihal li Ii mCI met I Judge Tery Terry rind And a coachman In the road driving from the dUll duel to the hotel hotl Why Judge I thought liere WU wag go goIng O OIn In Ing to b be a meetIng out at t th the tAUmI ranch LI this mornIng Baldwin cAle called ot otIn out outto to In Ter fn fit pul pulIng Oh you ou un tr 10 tOO sleepy for tor us UI win So e noel an hour aO ago and youl Mid tint moss lOON thin I Ithe I time the reply that TM Terry ude Judge Terr Terry to 10 Sl San ran II had hOtl breakfast lt at hi his hotel spent In an hour or two In work In Iii hil his and walk walked calmly down downto 10 to the wharf where he tok took a steamer fur hi hIs home ii I was wa arrest arrested 1 ed Sept U 23 or In I a mortal duel HI lie ae heavy hav bends tout hut time the cl case was 0 adjourned many 11 and al trIe trIed To the person ton who Sena Senator tor lor a as Ii h fell hally heavIly on the ground the lie wound wounded man Ild said mf me to 11 my feet e I To surgeon cut way away the bloody chet mO at every Vf ton rom a wound II In the right clINt cht the second nut third ribs I It sell seems to be vr very serious murmured the wounded man R as he knol knew from the expresion on an the surgeons tuo lacee Th There WA was 10 no lack of help for tor this wounded man was A brou brought ht from the hou hiotis nar by and the senator was al tenderly raIse and put a dat bottomed r larm m wagon aln TI Then 10 0 II toy hy Ihl the surgeons the oling man mall wat was slowly and transported to the home of his hIP associate LeonI oIa I OIl Oh Mac It seams to too bad to hi hare to torl rl ill for 11 so It lIttle said 11 to on mn when he me W war it too bl Lico lE lie seldom poke tu fat h he was U In Intense abny until hI lie died The html ul 11 let entered the rl rIght ht blut breast at an an angle le leand and amid passing beneath the went ent over the heart through the upper lob lob ot of the left Itt lun lung and struck against R a rib where It glanced ant and tN tore IB Its wa way Ut Into the left armpit was wasa a nian ln ot of raN rare strength or he be never could have hIs hie suffering until time morning ot of Sept pt 16 Time The before lie he died he to Con grman ThIs ThIB II Is nay my lit hat nIght on earth I n Ito II Ill wi for an n one Ind and I le di lir sire tl that t Terl Terry be not prosecuted My 1 y opinions opinion have brought me meto meto to rho fhe whole el Cit or of San Sail l went for the untimely ileath of Senator rue funeral on S Sept Jt 1 1 was wa nt attended by thou thousands sands on ot of popl people JI Judge li Terry Ind lived II In comparative reo re till the rest ot of hl hi ra days but hil lila m lIfe wal wag stormy tom le tIe senioR a candidate for on tle Democratic tIcket II iii 1180 On Gen Jhu k ran for tor and II 1 an un WAi wits time the oll In mom al after hi his du duel lint he ran O vot votes behInd hil anol amI WA was defeat defeated Id ed all 1 the rest or of the ticket Wa wait In at al time or of 11 age Ise sixty aten ven h he became associated wih with the for Althea Aithea 11 Who to 10 I be common law wife I Sharon II suet or ut of tM vast ShArn Sharon elate Time case 81 wu decided agaInst Miss II Hm and Ih the newt olay she h mArrie married Judge Tery Terry The ease af Wi was taken to 10 t the United district court furl and anI one III II iii Jud Judge Terry and ana h wie wife made such a row In court that they ther We Were sent to 10 ji jell ly by ON order ot of Justice S Steuben J court ourt courtIn Field of t time United state Supreme In August 1 issa Justice J eld returned to II to hohl court urt 1 lie had by friend In iii SI San Francisco that Judge Terry bail bRI threatened to ki kIll him him himOn On nn MartIn ale ot of was to act IrtI I Juth JustiCe Fields hll In 1 By a Judg Judge an and hil hit Witt to Itt get aboard tin earns train on th the way from Los An Angeles IC to Sin San Julge T anol anI his hll wife we were living II at Fresno then The fhe train Ild passed thel there thereat at al 2 In II th morning Justice 1 anol NalI were JI n 1 a Pullman clr cur Ind and neither FIeld not nor T rry ever knew that time the oIlier w Was abr aboard Ih time Irlin traIn until they met at th tIme 1111 eating It at the next nUl morning Justice J ele at sat laUn eating breakfast a III gb wap wa lt at bil his lid Mrs I Terr Terry hl to her that was U near b by at an adjacent Judge Terry I Instantly I y rol rose I anol nd across tr the for door Justice FIeld FIld who raised hil his Ef eye or stopped eating JIt Juet u as Terry rr calf caine wIthin 1 b arm reach ot of Field some Ime lY say ht lit r his fists an other ia that he reached t bie beck I as I If to draw a weapon en from hi hil Anyhow he bp mode some Jm o of ul upon Un JIt Quirk as al a Marshal Nule whipped out oUI a and nd shot through U the heart NIe aSe WI Wa later hater exonerated for lor hie hi ut act Judge Trl Terry was wa burtt burled I at t tock to toe I Uk o n widoW widow signs of jJ dr the Is 31 In 1 ibe be WU was to the Insane laun whets he she suit Is |